ASHOK KUMAR & ORS Vs. UNION OF INDIA & ANR
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 10831 of 2016, Judgment Date: Nov 29, 2016
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10831 OF 2016
[ARISING OUT OF SLP (CIVIL) NO.22231 OF 2015)
ASHOK KUMAR & ORS. .…APPELLANTS
VERSUS
UNION OF INDIA & ANR. ....RESPONDENTS
WITH
CIVIL APPEAL NO.10832 OF 2016 @ SLP(C) NO.22232/2015
CIVIL APPEAL NO.10833 OF 2016 @ SLP(C) NO.22233/2015
CIVIL APPEAL NO.10834 OF 2016 @ SLP(C) NO.22238/2015
CIVIL APPEAL NO.10835 OF 2016 @ SLP(C) NO.22239/2015
CIVIL APPEAL NO.10836 OF 2016 @ SLP(C) NO.30715/2015
CIVIL APPEAL NO.10838 OF 2016 @ SLP(C) NO.32064/2015
CIVIL APPEAL NO.10839 OF 2016 @ SLP(C) NO.32065/2015
CIVIL APPEAL NO.10840 OF 2016 @ SLP(C) NO.32066/2015
CIVIL APPEAL NO.10843 OF 2016 @ SLP(C) NO.32059/2015
CIVIL APPEAL NO.10844 OF 2016 @ SLP(C) NO.30714/2015
CIVIL APPEAL NO.10845 OF 2016 @ SLP(C) NO.23491/2015
CIVIL APPEAL NO.10846 OF 2016 @ SLP(C) NO.22229/2015
CIVIL APPEAL NO.10847 OF 2016 @ SLP(C) NO.31571/2015
CIVIL APPEAL NO.10848 OF 2016 @ SLP(C) NO.27290/2015
CIVIL APPEAL NO.10849 OF 2016 @ SLP(C) NO.29681/2015
CIVIL APPEAL NO.10850 OF 2016 @ SLP(C) NO.12343/2015
J U D G M E N T
AMITAVA ROY, J.
Heard Mr. Arvind Kumar Sharma, learned counsel for the appellants and
Mr. R. Balasubramaniam, Mr. Vishnu B. Saharya, Ms. Rachna Srivastava, Ms.
Shashi Kiran, Mr. Ashwani Kumar, Mr. Govind Goel and Ms. Garima Prashad,
learned counsel for the respondents.
(A) C.A. No. 10838 of 2016 @ SLP (C) No.32064 of 2015, C.A. No. 10839 of
2016 @ SLP (C) No.32065 of 2015, C.A. No. 10840 of 2016 @ SLP (C) No.32066
of 2015 and C.A. No. 10843 of 2016 @ SLP (C) No.32059 of 2015
(2) It is submitted at the Bar, that the verdict rendered by this Court
in Civil Appeal No.1726 of 2015 (dated 18.03.2015) – Suresh Prasad @ Hari
Kishan & Ors. Vs. Union of India & Anr., deciding the same along with a
batch of appeals would adequately answer the issues raised herein, as the
all relevant facets i.e. location of the land in village Masoodabad,
notifications for acquisition under the Land Acquisition Act, 1894 (for
short, the 'Act') as well as the quantification of the compensation awarded
by the Land Acquisition Officer, Reference Court and the High Court are
same. In this view of the matter further dilation of individual facts is
considered inessential.
(3) On a consideration of the explanation offered, the delay involved in
preferring the appeals, in the singular facts and circumstances, is hereby
condoned. The amount of compensation as granted by this Court in Suresh
Prasad (supra) is also awarded to the appellants i.e. Rs.24 lacs per acre.
Needless to say, the appellants would be entitled to all statutory benefits
under the Act including interest as payable in terms of the above decision.
(B) C.A. No. 10831 of 2016 @ SLP(C) No.22231/2015,
C.A. NO.10832 OF 2016 @ SLP(C) No.22232/2015,
C.A. NO.10833 OF 2016 @ SLP(C) No.22233/2015,
C.A. NO.10834 OF 2016 @ SLP(C) No.22238/2015,
C.A. NO.10835 OF 2016 @ SLP(C) No.22239/2015,
C.A. NO.10836 OF 2016 @ SLP(C) No.30715/2015,
C.A. NO.10844 OF 2016 @ SLP(C) No.30714/2015,
C.A. NO.10845 OF 2016 @ SLP(C) No.23491/2015,
C.A. NO.10846 OF 2016 @ SLP(C) No.22229/2015 and
C.A. NO.10847 OF 2016 @ SLP(C) No.31571/2015.
(4) It is submitted at the Bar that the ruling by this Court in Civil
Appeal Nos.10982-11033 of 2014 (dated 11.12.2014) – Charan Singh & Ors.
Etc. Vs. Union of India & Anr., deciding the same along with a batch of
appeals would adequately address the issues raised herein, as the all
relevant facets i.e. location of the land in village Bamnoli, notifications
for acquisition under the Act as well as the quantification of the
compensation awarded by the Land Acquisition Officer, Reference Court and
the High Court are same. In this view of the matter further dilation of
individual facts is considered inessential.
(5) On a consideration of the explanation offered, the delay involved in
preferring the appeals, in the singular facts and circumstances, is hereby
condoned. The amount of compensation as granted by this Court in Charan
Singh (supra) is also awarded to the appellants i.e. Rs.25 lacs per acre
for land in Block 'A' and Rs.22 lacs per acre for land in Block 'B'.
Needless to say, the appellants would be entitled all statutory benefits
under the Act including interest as payable in terms of the above decision.
(C) C.A. NO.10848 OF 2016 @ SLP(C) No.27290/2015, C.A. NO.10849 OF 2016 @
SLP(C) No.29681/2015 and C.A. NO.10850 OF 2016 @ SLP(C) No.12343/2015.
(6) It is submitted at the Bar that the decision rendered by this Court
in Civil Appeal No. 2091 of 2014 (dated 13.02.2014) – Impulse India Pvt.
Ltd. Vs. Union of India & Anr., deciding the same along with a batch of
other appeals would adequately cover the issues raised herein, as the all
relevant facets i.e. location of the land in village Bijwasan, Pochanpur
and Bharthal, notifications for acquisition under the Act as well as the
quantification of the compensation awarded by the Land Acquisition Officer,
Reference Court and the High Court are same. In this view of the matter
further dilation of individual facts is considered inessential.
(7) On a consideration of the explanation offered, the delay involved in
preferring the appeals, in the singular facts and circumstances, is hereby
condoned. The amount of compensation as granted by this Court in Impulse
India Pvt. Ltd. (supra) is also awarded to the appellants i.e. Rs.21 lacs
per acre for land in Block 'A' and Rs.19 lacs per acre for land in Block
'B'. Needless to say, the appellants would be entitled all statutory
benefits under the Act including interest as payable in terms of the above
decision.
(8) The appeals had been analogously heard and have thus been disposed of
in the above terms. Costs easy.
.............................................J.
(DIPAK MISRA)
….........................................J.
(AMITAVA ROY)
NEW DELHI;
NOVEMBER 29, 2016.
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